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HomeMy WebLinkAboutItem 04 - Final Acceptance of Public Improvements for Tract 2428, Phase 1 (3000 Calle Malva) Department Name: Community Development Cost Center: 4003 For Agenda of: March 3, 2020 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Director of Community Development Prepared By: Dan Van Beveren, Senior Civil Engineer – Development Review SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2428 PHASE 1 – A RESIDENTIAL SUBDIVISION AT 3000 CALLE MALVA RECOMMENDATION Adopt a Resolution (Attachment A) accepting the public improvements, certifying completion of the required subdivision private improvements, and releasing the securities for Phase 1 of Tract 2428. DISCUSSION Background Tract 2428, located at 3000 Calle Malva, as shown on the attached Vicinity Map (Attachment B), and marketed as the “Toscano” Development, includes a total of 172 lots. Tract 2428 consists of 161 single-family lots, five lots for up to 26 units of affordable housing, five lots for riparian open space, and one 71-acre hillside lot for permanent open space. Tract 2428 is divided into three phases. A map depicting the tract improvements with phasing information is included as Attachment C. The final map for Phase 1 (Attachment D) was approved by City Council on August 16, 2016, by Resolution No. 10737 (2016 Series). Phase 1 included 49 lots consisting of: 1. 45 single-family lots 2. Two lots for riparian open space 3. One 71-acrea hillside lot dedicated to the City for permanent open space 4. One lot for subsequent Phase 2 and Phase 3 subdivisions Acceptance of Phase 1 Public Improvements Work has been completed on the required public improvements for Phase 1. In general, the improvements consist of street construction, street widening, medians, curb, gutter, sidewalks, streetlights, water main and sewer main extensions, fire hydrants, reclaimed water main, storm drain improvements, and landscaping. A draft resolution titled Accepting and Certifying Completion of the Phase 1 Subdivision Improvements is attached. This resolution authorizes the Public Works Director to release the faithful performance securities, and to release the warranty securities upon satisfactory completion of the one-year warranty period and submittal of the record drawings. Item 4 Packet Page 7 Certification of Phase 1 Private Improvements Private improvements include items such as pathways, driveways, drainage improvements, landscaping, and lighting. Drainage and landscaping improvements include bio-swales and other water quality improvements. The bio-swales were proposed by the developer in order to satisfy requirements of the Regional Water Quality Control Board (Water Board) to treat storm water prior to allowing it to be discharged into the downstream storm drain system. The design of the bioswales is consistent with the California Stormwater Quality Associations standards for water quality treatment and is widely considered a leader in the field of water quality and low impact design standards since 1989. The bioswales are located within the public right-of-way between the roadway and the public sidewalk. The approved plans include a standard residential street section with parking on both sides of the street. The bioswales are privately owned and maintained, either by the Homeowner’s Association or in most cases, the owners of the adjacent private properties. They exist within the public right-of-way under an encroachment agreement. Homeowner’s in the subdivision have been in contact with City staff and the City Council expressing concerns with the design and maintenance of the private bioswales. A presentation was made to the Council during public comment on February 3, 2020, asking that the City Council not accept Phase I public improvements, unless the private property owners identified problems with the bioswales are corrected. These problems can be summarized as safety concerns and long-term maintenance concerns (where maintenance is required by the adjacent property owner, which is typical of landscaped parkway areas throughout the city). At this time, staff does not recommend withholding acceptance of public improvements based on concerns with the bioswales. All public improvements have been constructed per the approved plans, so it is appropriate for the Council to move forward and accept the improvements. There is no legal basis for the City to hold on to the financial guarantees provided by the developer for the purpose of making changes to the bioswales so long as they were installed and completed in conformity with approved plans. Once accepted, the HOA or individual property owners could propose changes to their respective bioswales under separate encroachment permits and agreements with the City and the Regional Water Quality Control Board. Staff’s recommendation has been communicated to the property owners who have been in touch with the City regarding this issue. Staff has also been in touch with the developer, Dennis Moresco, regarding the stated concerns with the approved and installed private bioswale design. This is a design that is proposed to be replicated in Phase 2 and Phase 3 of Toscano, as well as other new neighborhoods in the City, such as in the Orcutt Area. In the case of Toscano, Mr. Moresco has provided a written commitment to work with the City on this issue and, if any limited changes are supported by the City for Toscano Phase 2 and Phase 3, he has agreed to voluntarily implement those changes in Phase 1 at no cost to the City or homeowners. Item 4 Packet Page 8 Previous Council Action The tentative subdivision map for Tract 2428 was approved by City Council on July 3, 2007, by Resolution No. 9917 (2007 Series). Revised conditions that superseded the previous tentative map conditions were approved by Council on April 15, 2014, by Resolution No. 10514 (2014 Series). The final map for Phase 1 was approved by City Council on August 16, 2016, by Resolution No. 10737 (2016 Series). Policy Context The City Council accepts public improvements and certifies completion of private improvements in accordance with the Subdivision Map Act and the City’s Subdivision Regulations. Public Engagement Public engagement was completed with the approval of the Tentative Map. CONCURRENCE The Public Works Director and Utilities Director concur with the recommended action. ENVIRONMENTAL REVIEW The Margarita Area Specific Plan and its Final Environmental Impact Report were approved and certified in October 12, 2004. Tract 2428 was analyzed in a project-specific Initial Study/Mitigated Negative Declaration and was adopted on May 19, 2015. The necessary findings and environmental review requirements related to the development of Tract 2428 were made with the tentative map approval, therefore, no further environmental review is required as part of this Council action. FISCAL IMPACT Budgeted: No Budget Year: N/A Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total Item 4 Packet Page 9 Typical maintenance and operation of newly accepted public facilities will be required for the street and utility improvements. Increasing the maintenance budget for the small, incremental increase in infrastructure to be maintained does not occur with each acceptance of public facilities. The maintenance budget for these improvements is evaluated and adjusted as needed with the City’s adoption of its two-year budget. However, the Council action of accepting these improvements, in itself does not have an associated budget increase. ALTERNATIVES Limited alternatives exist in regard to the timing of the acceptance of these improvements. Ultimately, acceptance of these public improvements is required per the Subdivision Map Act and Subdivision Agreement. The improvements are in general conformance with the Margarita Area Specific Plan and the Tentative Map.2. Defer the acceptance until the private property owner concerns have been resolved. Staff does not recommend this alternative. The City is delivering water and sewer services to the Phase 1 properties and the streets are being used for public purposes. Acceptance of these significant public improvements is timely. The private improvement concerns voiced by some property owners are not consistent. Furthermore, all property owners are not in agreement regarding the concerns or potential solutions. Once the improvements are accepted, the public rights-of-way are likewise accepted. Any corrective work could then be accommodated through encroachment permits on a case-by-case basis. Attachments: a - Draft Resolution b - Vicinity Map c - Phasing Plan d - Final Map Item 4 Packet Page 10 R _____ RESOLUTION NO. _______ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS, CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS, AND AUTHORIZING RELEASE OF THE SECURITIES FOR TRACT 2428-PHASE 1 (3000 CALLE MALVA) WHEREAS, the City Council approved the tentative subdivision map for Tract 2428, as prescribed in Resolution No. 9917 (2007 Series); and WHEREAS, the City Council made certain findings that superseded the previous tentative map conditions for Tract 2428, as prescribed in Resolution No. 10514 (2014 Series); and WHEREAS, the City Council approved the final map for Tract 2428-1 per Resolution No. 10737 (2016 Series); and WHEREAS, the subdivider has satisfactorily completed a portion of the required Phase 1 improvements in accordance with City standards, specifications, and the subdivision agreement; and has requested that the City accept of these public improvements for maintenance and operation by the City; and WHEREAS, the subdivider has satisfactorily completed the Phase 1 private improvements in accordance with City standards, specifications and the approved plans, and has requested that the City certify completion of these private improvements and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the public improvements for Phase 1. SECTION 2. The City Council certifies completion of the Phase 1 private improvements. SECTION 3. The Public Works Director is authorized to release the securities once the requirements for release are met and to release the warranty/faithful performance security upon completion of any remaining minor improvements, satisfactory completion of the one-year warranty period, submittal of record drawings to the satisfaction of the City Engineer. SECTION 4. The corresponding Labor & Materials security may be released after 90 days from the date of acceptance of the improvements in accordance with Section 66499.7(h) of the California Government Code. Item 4 Packet Page 11 Resolution No. ______ (2020 Series) Page 2 R ______ SECTION 5. The security guaranteeing the workmanship and materials may be released by the Director of Public Works upon the successful completion of the 12-month warranty time period from the date of acceptance of the improvements. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ______ day of _______________ 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ___________ day of ___________________________, 2020. ____________________________________ Teresa Purrington City Clerk Item 4 Packet Page 12 Item 4 Packet Page 13 Page intentionally left blank. 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